GRAHINI HOME INDUSTRIES Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court calling in question the order dtd. 13/6/2017 by which the third respondent - Assistant Commissioner directs all the concerned Tahsildar, Dharwad District to mutate to amend / edit the mutation of all the lands that are still the subject mater before the Land Tribunal by a shara that shall not be alienated.

(2.) Heard the learned counsel Shri Shivaraj C.Bellakki appearing for the petitioner; learned HCGP Shri P.V. Mogali appearing for respondent Nos.1 to 4; & the learned counsel Shri Pavan B.Doddatti appearing for respondent No.5.

(3.) The Facts in brief, germane are as follows: The land in Sy.No.39/1 measuring 8 guntas 12 anna and the land in Sy.No.28/1 measuring 11 guntas 3 anna situated at Lakamanahalli, Dharwad was notified for acquisition by the 5th respondent Karnataka Industrial Area Development Board for the purpose of industrial development. A notification in terms of sub Sec. (1) of Sec. 28 of the KIADB was issued and the lands were acquired and developed by the Board. Long after the said acquisition, the Board allotted / transferred land measuring 8 acres 13 guntas in Sy. No.39/1 to one Mamatha Associates in terms of a registered sale deed. The sale deed takes place on 31/7/2005. Mamatha Associates who becames the owner of the said 8 guntas sold the said property in favour of the petitioner on 12/4/2006. The petitioner thus is in possession of the said property on and from 12/4/2006. After about 11 years of the petitioner being in possession of the said property, a general circular is issued by the State on 26/9/2010 in furtherance of which the Assistant Commissioner communicates to all the Tahasildars of Dharwad District on 13/6/2017 to enter the factum of non-alienability of the land that were subject matter of proceedings of the land Tribunal, in column No.11 of the record of rights. Likewise the petitioner who is in possession of the said land also figured in the said list at Sl. No.24. The petitioner being aggrieved by the said communication dtd. 13/6/2017 is knocking at the doors of this Court in the subject petition.